The case known as Trackergate involves Reno Mayor Hillary Schieve and former Washoe County Commissioner Von Hartung filing a civil lawsuit against private investigator David McNeely of 5 Alpha Industries and an unidentified individual, John Doe, who hired him. The plaintiffs allege that McNeely trespassed onto Schieve’s property, installing a tracking device on her car without her consent, seeking restitution for invasion of privacy, trespassing, civil conspiracy, and negligence.
Last Fri., Jul. 14, Washoe County District Court Judge David Hardy dismissed three out of eight counts in the case, including doxxing, negligence, and a request for declaratory relief. He ruled that the information shared by McNeely about the plaintiffs did not qualify as “sensitive information” or “personal identifying information” under the state’s anti-doxxing law.
However, Hardy denied McNeely’s request to dismiss the invasion of privacy claim, stating that the plaintiffs must prove that public disclosure of private facts occurred, which would be offensive and objectionable to a reasonable person of ordinary sensibilities. The case has drawn attention, and an unidentified individual, John Doe, filed a motion for summary judgment, stating that he did not order McNeely to place the tracking device and hired him to investigate allegations of serious misconduct by Schieve and Hartung.
Attorney Rost C. Olson, representing the state’s Public Utilities Commission and the Vice Chair of the Standing Committee on Judicial Ethics of the Nevada State Bar, filed an amicus brief. Olson contends that granting the relief sought by the petitioners would set a concerning precedent that could affect not only elected officials but also rank-and-file state employees, allowing the use of private investigators to engage in tortious behavior.
Olson also claims to represent all 17,000 State of Nevada employees in the amicus brief.
The case is still pending in the Nevada Supreme Court for John Doe. It’s also worth noting that the Nevada Legislature passed Assembly Bill 356, which expressly prohibits individuals from using tracking devices without a warrant, making Olson’s brief potentially moot.
The Old Blog in the Desert 